HomeMy WebLinkAbout20174020.tiffBEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER.
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE BY RIGHT. ACCESSORY USE. OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN
THE A (AGRICULTURAL) ZONE DISTRICT
LOT B REC EXEMPT RE -1851 PART SW4SW4 SECTION 9. T1 N, R68W OF THE
6TH P.M , WELD COUNTY. COLORADO
APPROXIMATELY 395 FEET NORTH OF CR 10 APPROXIMATELY 355 FEET
EAST OF CR 5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
Section 22-2-20. G - A. Goal 7 states. "County land use regulations should protect the individual
property owner's right to request a land use change." And Section 22-2-20.G.2- A. Policy 7.2 states,
"Conversion of agricultural land to nonurban residential, commercial, and industrial uses should be
accommodated when the subject site is in an area that can support such development, and should
attempt to be compatible with the region."
The applicants are requesting a Use by Special Review permit for landscape maintenance business
on land that is also their personal residence. The property owner employs nine persons who will
access the property in the morning, park their vehicles and leave in a company owned vehicles.
Hours of operation are 7.00 a.m to 6 00 p.m. Monday thru Friday during the months of April through
November During winter months December through March the hours are 24 hours a day/ seven days
a week to provide for snow removal activities. The existing landscaping on the site consists of
grasses with future plans to install landscaping around the new residence. Section 23-2-240.A.10
states "Buffering or screening of the proposed use from adjacent properties may be required in order
to make the determination that the proposed use is compatible with the surrounding uses." The
proposed use is in an area that can support this development and the existing and proposed
screening, the Development Standards, and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region_
Section 22-2-20.G.7 - A. Policy 7.3 states. "Conversion of agricultural land to urban residential,
commercial and industrial uses should be considered when the subject site is located inside an
Intergovernmental Agreement area, Urban Growth Boundary area. Regional Urbanization Area or
Urban Development Nodes. or where adequate services are currently available or reasonably
obtainable. A municipality's adopted comprehensive plan should be considered. but should not
determine the appropriateness of such conversion.'
This site is located within three miles of the Town of Erie although at this time there is no
Intergovernmental Agreement between the Town of Erie and Weld County. The Town indicated that
the proposal does not comply with the Comprehensive Plan as the Landscape Business is not a
preferred use within the 'RR - Rural Residential" land use designation.
EXHIBIT
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RESOLUTION USR17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
PAGE 2
Section 22-2-20.H.8 - A.Policy 8.3 states, "The land use applicants should demonstrate that the
roadway facilities associated with the proposed development are adequate in width, classification
and structural capacity to serve the proposed land use change."
The referral comments from the Department of Public Works state that CR 10 is a gravel road. The
Department of Public Works did not have any concerns with the use of this road for this USR.
Section 22-2-20.H.8 - A.Policy 8.4. states. "The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is adequate for the
type and style of development and meets the requirements of county. state and federal rules and
regulations."
The drainage narrative was submitted and reviewed by the Department of Planning Services —
Engineer. No concerns were identified with the stormwater management.
Section 22-2-20.H.8 - A. Policy 8.5. states, "The land use applicants should demonstrate that public
service providers. such as but not limited to schools, emergency services and fire protection. are
informed of the proposed development and are given adequate opportunity to comment on the
proposal."
The USR was sent to seventeen (17) referral agencies including the school district. the water
district, and the fire district. The referral agencies had 28 days to review this USR and most of them
submitted response of `no concerns' with the rest submitting comments or conditions that are
incorporated as Conditions of Approval or Development Standards in the staff recommendation.
B. Section 23-2-220,A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District Section 23-3-40.S which allows for a Site Specific Development Plan and Use by
Special Review Permit for a Use permitted as a Use by Right. an Accessory Use, or a Use by
Special Review in the Commercial or Industrial Zone Districts (Landscape Maintenance Business)
provided that the property is not a lot in an approved or recorded subdivision plat or lots part of a
map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District.
Section 23-3-10 — Intent states, "The A (Agricultural) Zone District is also intended to provide areas
for the conduct of uses by Special Review which have been determined to be more intense or to
have a potentially greater impact than uses Allowed by Right."
The proposed USR is in an area that can support this development and the Development Standards
and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands consist of pastures. crops. and rural residences. There are three (3) houses
within 250 feet of the site The closest residence is 150 feet west of the property line.
There are eleven (11) USRs within one mile of this site. USR-887 for an accessory building is
located north of the site: SUP -322 for a private airport is located northwest of the site_ USR-1503 for
150 head of calves. USR-1502 for a second dwelling, and USR-1613 for a gutter business are all
located northeast of the site. USR-1348 for an accessory building and an indoor arena, CUP -32,
CUP -57 for a second dwelling, USR-931 horse boarding facility, and CUP -34 for a horse training
and breeding facility and USR17-0035 for a motorcycle repair with cargo container storage are all
located southeast of the site.
The Weld County Department of Planning Services has received a couple of phone calls from the
same surrounding property owner who asked questions about this Use by Special Review (USR).
RESOLUTION USR17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
PAGE 3
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development
of the surrounding area as permitted by the existing zoning and with the future development as
projected by Chapter 22 of the Weld County Code and any other applicable code provisions or
ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is located within a three (3) mile referral area of the Towns of Erie and Frederick. the City of
Dacono. Boulder County and the City and County of Broomfield_ The Towns of Erie, Frederick. the
City of Dacono and the City and County of Broomfield all submitted referral agency comments
indicating no concerns Boulder county did not return a referral response.
Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld
County Code_
The site is not in a floodplain or the Airport Overlay District. The property is within the Geologic
Hazard Overlay District and staff has included a Condition of Approval that the applicant submit a
Geological Hazard Development Permit. The Colorado Geological Survey reviewed the application
and stated that the mine depth is 225 feet and the subsidence hazard is low.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee. County Facility Fee and Drainage Impact Fee Programs.
Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The proposed landscape business is located on 1 acre of soil designated as "Prime" and 2 acres of
soils designated as "High Potential Dry Cropland.' per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. There are no new structures proposed so the USR will not take any
Prime (Irrigated) Farmland out of production.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety. and
welfare of the inhabitants of the neighborhood and County_
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health, safety. and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based. in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request. and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
Prior to recording the map:
A. All projects occurring in a Geologic Hazard Area as delineated by the Colorado Geological Survey
shall comply with Overlay District requirements of Chapter 23. Article V. Division 2 of the Weld
County Code. A Geological Hazard Development Permit is required. (Department of Planning
Services - Engineer)
B An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control. tracking control, damage repair,
specified haul routes and future traffic triggers for improvements will be included. (Department of
Public Works)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0051. (Department of Planning Services)
RESOLUTION USR17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
PAGE 4
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld
County Code addresses the issue of trash collection areas. (Department of Planning Services)
5) If applicable. signs shall be shown on the map and shall adhere to Chapter 23. Article IV.
Division 2 and Appendices 23-C. 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
6) The map shall delineate the lighting. if applicable. (Department of Planning Services)
7) County Road 10 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way This road is maintained by Weld County.
(Department of Public Works)
8) Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning radii
(60') on the site plan. (Department of Public Works)
9) Show and label the entrance gate, if applicable_ An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet_ (Department of Public Works)
10) The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
11) Show and label the employee parking spaces (Department of Planning Services -Engineer)
12) Show and label the Geologic Hazard Area on the site plan. (Department of Planning
Services -Engineer)
2. Prior to Construction:
A_ If more than one (1) acre is to be disturbed. a Weld County Grading Permit will be required.
(Department of Planning Services -Engineer)
3. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval_ The Mylar map shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services The map shall be prepared in accordance with the
requirements of Section 23-2-260 D of the Weld County Code. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
4 In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. a $50.00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
5. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review". as appropriate_ Acceptable format is a projected ESRI shapefile (shp..shx, .dbf..prj) with a
RESOLUTION USR17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
PAGE 5
defined coordinate system (i.e.. NAD 1983 UTM Zone 13N, WGS 1984. NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)... _etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
Motion seconded by Gene Stille
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings
CERTIFICATION OF COPY
I. Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 5, 2017.
Dated the 51h of December, 2017
Kristine Ranslem
Secretary
RESOLUTION USR17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
PAGE 6
SITE SPECIFIC DEVELOPMENT
PLAN USE BY SPECIAL REVIEW
PERMIT DEVELOPMENT
STANDARDS
Andrew and Samantha Call
USR17-0051
A Site Specific Development Plan and Use by Special Review Permit. USR17-0051. for a Use
permitted as a Use by Right. an Accessory Use. or a Use by Special Review in the Commercial or
Industrial Zone Districts (Landscape Business) provided that the property is not a lot in an approved or
recorded subdivision plat or lots part of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon_ (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation are_
7,00 a.m. to 6:00 p.m. Monday thru Friday during the months of April through November
24 hours a day/ seven days a week during the months of December through March to provide for snow
removal activities. (Department of Planning Services)
4. The number of employees shall be nine (9). (Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23. Article IV. Division 2 and Appendices 23-C. 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. This site is located within the Geological Hazard Overlay District. (Departments of Planning and
Planning -Engineer)
8. The property owner shall control noxious weeds on the site. (Department of Public Works)
9. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
11. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services -Engineer)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section
30-20-100.5. C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust. fugitive
particulate emissions. blowing debris, and other potential nuisance conditions. The applicant shall
operate in accordance with Chapter 14. Article 1 of the Weld County Code. (Department of Public
Health and Environment)
RESOLUTION USR17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
PAGE 7
15. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations (Department of Public Health and
Environment)
16. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25 12 103 C.R.S. (Department of Public Health and Environment)
17. If the existing septic system is utilized. for business use, the septic system shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of observation of the system and
a technical review describing the system's ability to handle the proposed hydraulic load. The review
shall be submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations. (Department of Public
Health and Environment)
18. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility, at all
times Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Onsite Waste Water Treatment Systems. (Department of Public Health and
Environment)
19. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full time
employees on site, portable toilets and bottled water are acceptable. Records of maintenance and
proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
20_ The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
21. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to
operators of motor vehicles on public or private streets. No colored lights may be used which may be
confused with, or construed as, traffic control devices (Department of Planning Services)
22. A building permit may be required. per Section 29-3-10 of the Weld County Code_ Currently the
following has been adopted by Weld County: 2012 International Codes: 2006 International Energy
Code: 2014 National Electrical Code: A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a registered
State of Colorado engineer shall be required or an open hole inspection. (Department of Building
Inspection)
23. Necessary personnel from the Weld County Departments of Planning Services, Public Works. and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
24. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
RESOLUTION USR17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
PAGE 8
25. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes. minerals are vital resources because
(a) the state's commercial mineral deposits are essential to the state's economy: (b) the
populous counties of the state face a critical shortage of such deposits. and (c) such deposits should
be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state_
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
27. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States. typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to
rural areas: open views, spaciousness, wildlife, lack of city noise and congestion. and the rural
atmosphere and way of life Without neighboring farms. those features which attract urban dwellers to
rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads: dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes, hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields. including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County Section 35-3 5- 102. C.R S.. provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated with agricultural
production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County. property owners and residents must realize they cannot take water from
irrigation ditches. lakes. or other structures. unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
County roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance. and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies County gravel roads. no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas. in many cases, will not be equivalent to municipal services.
RESOLUTION USR17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
PAGE 9
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs. puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
ta,tjoTE
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. December 5, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building. Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present Bruce Johnson, Bruce Sparrow, Gene Stifle. Jordan Jemiola, Michael Wailes, Terry Cross. Tom
Cope. Lonnie Ford.
Also Present Kim Ogle and Chris Gathman, Department of Planning Services: Hayley Balzano.
Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell. Department of
Health: Evan Pinkham. Public Works; Bob Choate. County Attorney, and Kris Ranslem, Secretary
Motion: Approve the November 21, 2017 Weld County Planning Commission Minutes, Moved by Bruce
Sparrow, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER.
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR 17-0051
ANDREW CALL AND SAMANTHA GRIFFITH
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A USE BY RIGHT, ACCESSORY USE. OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL ZONE DISTRICT (LANDSCAPE BUSINESS) IN
THE A (AGRICULTURAL) ZONE DISTRICT
LOT B REC EXEMPT RE -1851, PART SW4SW4 SECTION 9, T1N. R68W OF
THE 6TH P M., WELD COUNTY, COLORADO.
APPROXIMATELY 395 FEET NORTH OF CR 10: APPROX-IMATELY 355 FEET
EAST OF CR 5
Kim Ogle. Planning Services, presented Case USR17-0051, reading the recommendation and comments
into the record_ Staff received a couple of phone calls from a surrounding neighbor regarding this request_
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards
Evan Pinkham, Public Works. reported on the existing traffic and access to the site.
Hayley Balzano, Engineering. reported on the drainage conditions for the site.
Ben Frissell, Environmental Health. reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Andrew Call. 2101 CR 10. Erie. Colorado, stated that he has operated a landscape company for the past
11 years and wanted to find a place that they could operate their business and reside on site.
Commissioner Ford asked if it is a shared driveway. Mr. Call said that he and his neighbor share it and
added that he maintains and takes care of the road.
Commissioner Cross asked if they will have any landscape material stored on site_ Mr. Call said that they
will have some material storage such as mulch, top soil and some river rock. He added that a typical pile
is probably 10 to12 feet by 10 to 12 feet.
Commissioner Stifle asked if they operate snow removal as well. Mr Call said that they do operate a snow
removal business in the winter.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
1
Jim Dallarosa, 2181 CR 10. stated that he lives east of this site. He said that even though they haven't
moved in they have been great neighbors. He added that when his employees come they are very quiet
and respectful.
Samuel Soto. 2091 CR 10. said that his father lives next door and the shared driveway runs through his
property Mr. Soto said that the employees have been driving slow and the applicants have been great
neighbors. The stockpile of landscape material has not been a problem for them and they look at it directly_
Marvin Bowersox. 4260 CR 5, said that the applicants have been great neighbors and he supports their
request
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR17-0051 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Tom Cope, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola, Lonnie Ford. Michael Wailes. Terry
Cross, Tom Cope.
Meeting adjourned at 2:11 pm.
Respectfully submitted.
Alinbart, t*tivIlkipt„
Kristine Ranslem
Secretary
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